Indian Penal Code, 1860, Section 300 -- Exception 4 & 304(Part II) - Culpable homicide not amounting to murder - Death of deceased was homicidal on account of injuries sustained by him - No premeditation on part of accused as scuffle took place due to sudden provocation on part of accused - Intention to commit crime is absent - This is further corroborated by the fact that..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - A4 gave gandasi blow on the left arm of deceased and A8 gave a blow with his sword on right leg of deceased - Medical evidence shows that death of deceased caused by sharp edged weapon and cannot be caused by any blunt weapon - Overt act of A4 & A8 do not find corroboration with medical evidence - High Court..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 149 -- Bail during pendency of appeal - Double murder - Post mortem that multiple grievous were inflicted on both the accused - Appellants used their respective deadly weapons wielded in a deadly manner - Plea of appellants that co-accused is already granted bail rejected as case of..........
Indian Penal Code, 1860, Section 326, 307 -- Complaint u/ss 326 & 307 IPC - These two sections cannot be used simultaneously to convict a person - Although punishment u/ss 326 & 307 IPC is similar but offence is not the same - In the instant case, offence related to victim being shot in right shoulder - Victim was hospitalized for about 20 days therefore if at all accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Single blow - Accused not armed with any deadly weapon and there was no repetition of blows - Such an act does not establish that there was any pre-meditation or pre-conceived design to cause death of deceased - Accused had no intention to cause death of deceased - However he cannot be absolved from having knowledge that..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Common intention - Accused `M' merely stood outside home and did not even act as a guard as he did not prevent sole eye witness from entering the house - No evidence against accused `M' of formation or sharing of common intention with other accused persons - No evidence of having played any part in crime - No..........
Indian Penal Code, 1860, Section 302, 109, 149, 449 -- Murder - Weapon of offence - Accused pleaded that only one knife was used to cause injuries - Deceased suffered as many as 14 injuries on her body - Doctor confirmed the multiple knife injuries found on the body of deceased - Extensive injuries were sustained by injured eye witnesses - It cannot be accepted in view of..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Circumstantial evidence - Recoveries of blood stained clothes and weapon of offence at the instance of accused is doubtful - In the absence of any other evidence merely because blood found on deceased matched with the blood found on clothes of accused and recovered weapons it will not be safe..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Two eye witnesses of occurrence are reliable and natural witnesses - Disclosure statement and recovery of weapon at the instance of accused proved - Motive also proved - Delay of lodging FIR properly explained - Prosecution proved its case beyond reasonable doubt - Conviction upheld - Appeal..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive is a double edged weapon - Just as there is a possibility of murders having been committed because of motive due to enmity, there is also a possibility of false implication of innocent people to settle past scores...........
